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‘Morning after’ pills, ‘miscarriage’ and muddle

Published online by Cambridge University Press:  02 January 2018

John Keown
John Keown*
Affiliation:
Kennedy Institute of Ethics, Georgetown University
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Abstract

Section 58 of the Offences against the Person Act 1861 prohibits the use of means with intent to procure ‘miscarriage’. In Smeaton Munby J held that the administration of the ‘morning after’ pill with intent to prevent the implantation in the uterus of any embryo conceived as a result of sexual intercourse does not contravene s 58. This article respectfully questions the learned judge's decision.

'[Albortion techniques have changed since we legislated in 1967 ... Nowadays they can be carried out by injection or what is euphemistically called the morning after pill, which is an early abortifacient. There have always been legal doubts about whether the morning after pill can be prescribed within the present abortion law ... [Tlhe drug ... works in the early period of pregnancy.'

Information

Type
Research Article
Information
Legal Studies , Volume 25 , Issue 2 , July 2005, pp. 296 - 319
Copyright
Copyright © Society of Legal Scholars 2005

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